Law Firm Legal Ethics and Professional Responsibility 2 — Questions and Answers
Question 1: What is the 'attorney-client privilege'?
- A legal protection for confidential communications between attorney and client (Correct answer)
- The right of attorneys to charge any fee they wish
- A rule allowing attorneys to decline all cases
- A court rule protecting lawyer work files from discovery
Correct answer: A legal protection for confidential communications between attorney and client
The attorney-client privilege protects confidential communications between a lawyer and client from compelled disclosure.
Question 2: Under what circumstances may a lawyer reveal client confidences without consent?
- To prevent reasonably certain death or substantial bodily harm (Correct answer)
- To win a difficult case
- To comply with a client's competitor's request
- To avoid a fee dispute
Correct answer: To prevent reasonably certain death or substantial bodily harm
ABA Rule 1.6(b) permits disclosure without consent primarily to prevent reasonably certain death or substantial bodily harm.
Question 3: What is 'zealous advocacy' in the context of legal ethics?
- Representing a client's interests vigorously within the bounds of the law (Correct answer)
- Winning at any cost including deception
- Only arguing cases the attorney personally believes in
- Filing as many motions as possible to pressure opponents
Correct answer: Representing a client's interests vigorously within the bounds of the law
Zealous advocacy means representing a client's interests as strongly as possible while still adhering to ethical and legal rules.
Question 4: What disciplinary body oversees attorney conduct in each US state?
- State bar association or disciplinary board (Correct answer)
- The US Supreme Court
- The American Bar Association
- The Department of Justice
Correct answer: State bar association or disciplinary board
Each state's bar association or disciplinary board has authority to investigate complaints and sanction attorneys for ethical violations.
Question 5: Which ethical concept prevents an attorney from representing a new client whose interests are adverse to a former client in the same matter?
- Successive conflict of interest (Correct answer)
- Imputed disqualification
- Waiver by estoppel
- Retainer estoppel
Correct answer: Successive conflict of interest
A successive conflict of interest arises when a lawyer's duty of loyalty to a former client prevents representation of an adverse new client in the same or substantially related matter.
Question 6: What is the purpose of an attorney's trust account (IOLTA)?
- To hold client funds separate from the attorney's own funds (Correct answer)
- To invest firm profits for partners
- To pay bar association dues automatically
- To store retainer agreements securely
Correct answer: To hold client funds separate from the attorney's own funds
An IOLTA (Interest on Lawyer Trust Accounts) holds client funds such as retainers or settlements separately from the attorney's personal or business funds.
Law Firm Legal Ethics and Professional Responsibility 2
What is the 'attorney-client privilege'?